Under the law, every accused person should be presumed innocent until proven guilty. Due to this presumption, an accused person/suspect has the right to be brought to court within 48 hours.
Regardless of these legal provisions, we still hear of suspects who have been detained in Police custody for more than 48 hours. They can secure their release through taking the following steps:
1. Application for Police Bond
a) Suspect should present sureties (people willing to ensure the suspect's compliance with the bond terms)
b) The suspect should demonstrate that he/she will be able to report to the Police Station whenever called upon.
c) This application can be oral/written and free of charge.
Note:
- Bond forms a binding agreement between the Police an the suspect to guarantee that that he or she will turn up whenever required.
- In some cases like Terrorism, Rape and Murder, bond may not be granted.
2. Application for Unconditional Release
This can be applied for where the Police fail to heed to the application for Police Bond.
a) The suspect can make this application to the Magistrate's Court in the area where he/she is detained.
b) This can be done through a document called a Notice of Motion accompanied by an Affidavit signed by the suspect/a person who knows and agrees to its contents.
3. Invoking the powers of the DPP
The DPP has the power to order the reease of a suspect on bond in the interest of the public, administration of justice and prevention and abuse of legal processes.
a) The suspect can make a written application to the DPP for his/her release through a formal letter.
Under the law, every accused person should be presumed innocent until proven guilty. Due to this presumption, an accused person/suspect has the right to be brought to court within 48 hours.
Regardless of these legal provisions, we still hear of suspects who have been detained in Police custody for more than 48 hours. They can secure their release through taking the following steps:
**1. Application for Police Bond**
a) Suspect should present sureties (people willing to ensure the suspect's compliance with the bond terms)
b) The suspect should demonstrate that he/she will be able to report to the Police Station whenever called upon.
c) This application can be oral/written and free of charge.
**Note:**
- Bond forms a binding agreement between the Police an the suspect to guarantee that that he or she will turn up whenever required.
- In some cases like Terrorism, Rape and Murder, bond may not be granted.
**2. Application for Unconditional Release**
This can be applied for where the Police fail to heed to the application for Police Bond.
a) The suspect can make this application to the Magistrate's Court in the area where he/she is detained.
b) This can be done through a document called a Notice of Motion accompanied by an Affidavit signed by the suspect/a person who knows and agrees to its contents.
**3. Invoking the powers of the DPP**
The DPP has the power to order the reease of a suspect on bond in the interest of the public, administration of justice and prevention and abuse of legal processes.
a) The suspect can make a written application to the DPP for his/her release through a formal letter.
